[Debbie50M]

Can I cash a partial refund of my security deposit and retain my rights to sue for the balance? The memo section of the check simply says "Security Deposit Refund". She kept $2,800 of my $7,600 Security Deposit. The landlord's husband passed away suddenly soon after we first looked at the house. She no longer wanted to rent because the previous tenants had left it in a big mess with cat urine throughout the house, major damage to carpets, draperies, and non-payment of the last 3-5 months’ rent. She did not want to deal with it. We offered to take care of the labor and expense to make repairs to the best of our ability. We removed all the carpets, refinished the hardwood floors, installed hardwood flooring where needed, refinished the front door, repaired the front gate, replaced the kitchen cabinet hinges, replaced the kitchen plumbing, etc. All this was done at our expense. We lived there for 5 1/2 years. Now that we have moved out she is keeping part of the security deposit because "you had agreed to be responsible for the repairs at time of occupancy". She did not send an itemized list (isn't that the law in California?) but told us that there are two holes on the roof (why is that our problem?), a pipe in the kitchen sink has a small leak, and the pipes in one of the bathrooms are corroded and need to be replaced (house was built in 50's and has original plumbing). What would you suggest I do? I already have invested more than I should have in someone else’s property.

[excon]

What would you suggest I do? I already have invested more than I should have in someone else’s property.

Hello Debbie:

Cash the check and sue her for the difference. I haven't looked at California law for a while, but I believe the landlords have 14 days in which to return the deposit WITH an itemized list of the repairs made and copies of invoices that show it was paid, OR they're liable for treble damages.

Yes, you DID invest too much into somebody else's house.

excon